Go To Photographic Evidence
To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
http://journals.aol.com/rmckin2146/construction-lawsuit/
CURRENT CASE DOCKET -  CONTRACT LAWSUIT                    Next Document       Previous Document
AFFIDAVIT FROM HANDWRITING EXPERT, REGARDING JANA TABOR'S AFFIDAVIT WHERE THE NOTARY SIGNATURE ON HER AFFIDAVIT APPEARS TO BE A FORGERY AS IT IS CLEARLY NOT THAT OF ROBERT TABOR, HER BROTHER-IN-LAW.

IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.                      )
                                 Plaintiff,                               )
vs.                                                                       )           CIVIL ACTION
                                                                           )           FILENO.: 05A 06942-9
RON MCKINNEY                                                  )
                            Defendant.                                )

AFFIDAVIT OF FARRELL C. SHIVER

COMES NOW, FARRELL C. SHIVER, who, having been first duly sworn before an office authorized to administer oaths, deposes and states under oath as follows:

1.
I am Farrell C. Shiver.  I voluntarily andfreely make this Affidavit on my own personal knowledge for use as evidence inrelation to the above-styled matter, and for any and all other purposesauthorized by law.  I am over the age ofeighteen years, am suffering from no legal disability, and am competent andauthorized to make this Affidavit and to testify to the statements containedherein.

2.
I am the President of Shiver & Nelson Document Investigation Laboratory,Inc., located at 1903 Lilac Ridge Drive, Woodstock, Georgia.  I am a Forensic Document Examiner, certifiedby the American Board of Forensic Document Examiners.  I received my basic training in forensic document examination ina two-year resident training program provided by the U.S. Army.  I have also received additional trainingfrom the U.S. Secret Service, the Federal Bureau of Investigation, and otherorganizations.  I am a member of theAmerican Society of Questioned Document Examiners and the Questioned DocumentSection of the American Academy of Forensic Sciences.  Prior to November 1999, I worked as a Forensic Document Examinerfor the U.S. Army Criminal Investigation Laboratory (USACIL) at Fort Gillem,Georgia.  During my employment at theUSACIL, I also served as the Chief of the Questioned Documents Division and asthe Questioned Documents Training Officer. Since November 1999, I have worked as a private consultant in mattersrelated to the forensic examination of documents.  During my career, I have taught and lectured on many occasionsconcerning forensic document examination and have written several articles andpapers on the subject.  I have conductedthousands of comparisons of documents and have testified numerous times as anexpert witness in the field of handwriting identification.  A true and accurate copy of my Curriculum Vitae is attached hereto asExhibit "A."

3.
I was furnished the following documents for examination, copies of which areattached hereto as Exhibit ?B?:
QUESTIONEDDOCUMENTS:
Q1(1-3)? Machine copy of an Affidavit of Jana B. Tabor.
KNOWNDOCUMENTS:
K1? Machine copy of a Certificate of Appointment of Notary Public, number1371374, pertaining to Robert L. Tabor, dated January 7, 2002.
K2through K10 ? Known writing samples of Robert L. Tabor and John J. Tabor.
K11through K26 ? Known writing samples of John J. Tabor.
K27through K66 ? Known writing samples of Jana B. Tabor.

4.
It was requested that I examine the notary signature and other handwritten notary entrieson  Document Q1 in an effort todetermine whether they were written by Robert L. Tabor, the purported notary,or whether they were written by John J. Tabor or Jana B. Tabor.  It was also requested that I examine thenotary stamp entry in an effort to determine the date on the notary stamp.

5.
All of the documents submitted for examination are machine copies.  Document Q1(1-2) are the first and thesecond page of the affidavit.  DocumentQ1(3) is an enlarged copy of the signature area of Document Q1(2).

6.
After critical examination of these documents andbased upon my training and experience as an expert in the forensic examination ofdocuments, I have reached the professional opinions that:
a.  Robert L.Tabor is not the writer of the questioned notary signature on Document Q1(1-3).There are numerous significant differences when the known signature samples ofMr. Tabor are compared to the questioned notary signature.  No conclusion could be reached regarding the remaining handwritten notary entries due to the absence of comparable known writing samples.
b.  There are indications (evidence that suggests) that Jana B. Tabor may have written the questioned notary signature and other notary entries.  Some significant similarities were noted between the questioned entries and the known writing samples of Ms. Tabor.  
c.  No conclusion could be reached as to whether John Tabor wrote the questionednotary entries.  While no significant similarities were noted between the questioned entries and the known samples,the poor quality of the questioned signature and the limited amount of other questioned material precluded a more definitive opinion.
d.  Thenotary stamp on Document Q1(1-3) ends with 2006.  This should be the year of the notary?s commission expiration.  The stamp is positioned insuch a manner that the text of the document interferes with reading the monthand the day of the stamped impression; however, the date appears to be?6?.  The information on Document K1indicates that Robert Tabor?s notary commission expired on January 6,2006.  This expiration date isconsistent with the expiration date stamped on Documents K2 through K6.  Since notary commissions in Georgia arevalid for four years, had Mr. Tabor renewed his commission after January 6,2006, his new stamp should indicate an expiration date of 2010.  Therefore, it is clear that Document Q1(2-3)bears an expired notary stamp.  An examination of the original of Q1(1-3) could provide additional information concerning the date on the notary stamp.

7.
My methods of examination, and the documents relied on for examination and comparison, are commonly relied upon by experts in the field of forensic document examination.  I have no financial interest in the outcome of this case and my opinions in this matter are based solely upon an examination of the documents submitted.

FURTHERAFFIANT SAYETH NOT.

_____________________________________
Farrell C.Shiver
Sworn to and subscribed before

me this  ____________  day of

______________________ , 2006.


_____________________________
Notary Public


9/25/06
AFFIDAVIT OF RON MCKINNEY

STATE OF GEORGIA
COUNTY OF GWINNETT
        
Personally appeared before the undersigned officer authorized to administer oaths, comes Ron McKinney, who after having been duly sworn, deposes and states:

1.         I am over the age of 21 years and I am the Defendant in this action. I reside at 4083 Red Laurel Way, Snellville, Georgia in Gwinnett County. I am of sound mind and body and have personal knowledge of the matters stated below and that to the best of my knowledge and belief what is stated is true. I am competent to testify to all things stated in this affidavit.

2.         Attached hereto as Exhibit A is a true and correct certified copy obtained from the Clerk of The Superior Court showing the false Affidavit of Jana B. Tabor apparently dated August 16, 2006 with the Exhibits removed. This affidavit contains statements that are not true.

3.         Attached hereto as Exhibit B is a true and correct copy magnified 200% I personally made from Exhibit A

4.         Attached hereto as Exhibit C is a true and correct copy of the "Business Information Printout" concerning Insulated Wall Systems, Inc. I printed directly from the Georgia Secretary of State (SOS) website and a true and correct copy of the Incorporation documents of Insulated Wall Systems, Inc. obtained from the SOS website.  It shows Robert L. Tabor is the Secretary and Registered Agent for Insulated Wall Systems, Inc. and that the corporation is active but in noncompliance.

5.         Attached hereto as Exhibit "D" is a true and correct certified copy of the Affidavit of John Tabor dated July 27, 2005, notarized by his brother/secretary of his corporation Robert L. Tabor. The notary stamp clearly shows the expiration date of January 6, 2006 and it shows no attempt was made to conceal it. This affidavit contains statements that are misleading.

6.         Attached hereto as Exhibit "E" is a true and correct copy of the :Certificate of Appointment of Notary Public" that was mailed to me from the Georgia Superior Court Clerks Cooperative Authority along with the cover letter written by Peter Keesom.

7.         Attached hereto as Exhibit "F" is a true and correct copy of the front of the envelope showing a Gwinnett County postmark of 30026 in which I received Plaintiff's Motion to Compel, which included the false Affidavit of Jana B. Tabor. Attached as a second page to this Exhibit is a printout from the Internet showing the county location of the postmark 30026 and the third and fourth pages are Mrs. Tabor?s ?Notice of Filing? and ?Certificate of Service? dated August 16, 2006 in which she certifies filing the affidavit and to whom and how she delivered the package containing the false affidavit.

8.         Attached hereto as Exhibit "G" is a true and correct copy of the money order receipt in the amount of $800 I purchased and sent to Shiver and Nelson for Mr. Shiver's professional services. Also included with Exhibit "G" is the post office receipt for the money order. I ask that I be awarded the cost of obtaining the proof of the falsity of Mrs. Tabor?s affidavit.

9.         I was informed in 2004 that Robert Tabor is John Tabor's brother, by both John Tabor and Keith Payne; one of Plaintiff's workers.

10.       I worked for 8 hours preparing Defendant's Second Motion for Severe Sanctions. At the usual and customary rate for an attorney of $200.00, I ask to be compensated for my time in the amount of $1,600.00. Prior to my retirement my time was billed at a rate of $200.00 per hour for my Engineering Services. The rate of compensation and time spent is reasonable and customary for an attorney to charge for the same time spent and under similar circumstances.

FURTHER AFFIANT SAYETH NOT.

_____________________________
Ron McKinney


Sworn to and subscribed before me
this ____ day of ____________ 2006,

__________________________
Notary Public
My commission expires:



Forgery Affidavit of Jana B. Tabor,
August 6, 2006
Personally appeared before the undersigned officer duly authorized by law to administer oaths, Jana B. Tabor (Affiant), who on oath deposes and says as follows:

1
My name is Jana B. Tabor. I am over the age of eighteen years and otherwise competent to provide this affidavit.
2
I am counsel of record for Plaintiff Insulated Wall Systems, Inc. On or about August 3, 2005 I propounded discovery requests to the Defendant, including Plaintiff's First Request for Production of Documents. Attache hereto as Exhibit A is a true and correct copy of the written response I received from the Defendant to those Requests. Attached hereto as Exhibit B is a true and correct copy of the document attached to that response which corresponds to the Request at issue in Plaintiff's Motion to Compel filed contemporaneously herewith.
3
Attached hereto as Exhibit D is a true and correct copy of a letter dated September 21, 2005 that I wrote to Defendant requesting color photographs corresponding to the contact sheet attached hereto as Exhibit B. Defendant did not respond to this request.
4
Prior to the home inspection in this case, I requested via email that the Defendant make available the photographs in question. That request went unanswered. A the home inspection on July 5, 2006, I again requested that the photographs be produced and that Plaintiff would reimburse the Defendant for any costs incurred. When the photographs were not received, on July 25, 2006 I wrote to Defendant in accordance with Court Rule 6.4 in an attempt to resolve this discovery dispute. A true and correct copy of that letter is attached hereto as Exhibit D.
5
On or about August 2, 2006, I received a letter from Defendant in response. A true and correct copy of that letter is attached hereto as Exhibit E.

Further Affiant Sayeth not.

Jana B. Tabor

Forged Notary of Robert L. Tabor
dated August 6 2006


Affidavit of Robert L. Tabor
Personally appeared before the undersigned officer duly authorized by law to administer oaths, Robert L. Tabor (Affiant), who on oath deposes and says as follows:
1
My name is Robert L. Tabor. I am over the age of eighteen years and otherwise competent to provide this affidavit.
2
I am the Secretary and Registered Agent for Insulated Wall Systems, Inc. My brother is John Tabor. My sister in law is Jana B. Tabor.
3
On or about Sunday July 30, 2006 John called and asked me to notarize a document. I took my seal and stamp to John's house that day. After he signed the document I noticed that my notary commission had expired. I obtained a notary commission for the purpose of executing documents on behalf of Insulated Wall Systems, Inc. It was my intention to renew the notary since I have been one for 12 years. I went ahead and put my seal and stamp on the document because of my intention to renew.
4
I did not inform Jana that my commissioned had expired when I signed the document. I did not think that the fact that the commission had expired would void the document.
5
The next weekend, August 6, 2006, I was once again at my brother's home. This time Jana asked me to notarize an affidavit for her. I happen to have my notary stamp and seal in my vehicle. I did not tell her that my commission had expired. Although I had not spoken to government officials about renewal of the notary, I assumed it would be only a formality and once again I signed the document. I did not think the fact that the commission had expired would void the document.
6
I witnessed her sign the document. At that time I did not notarize the document. Instead, I went to play tennis with my brother. While playing, I jammed two of my fingers on my left hand. I am left handed. Later when I went to notarize the document I had to hold the pen in an awkward fashion due to my jammed fingers.
7
I never spoke to either John Tabor or Jana Tabor about the commission or the affidavit again until I was notified of the Defendant's Motion for Severe Sanctions.
8
At some point, I learned from government officials that the commission could not just be renewed by mail due to the fact that it had expired. In fact, the entire application process would have to be undertaken again to re-secure the commission.
9
As stated earlier, I had held the commission generally for the purpose of notarizing documents on behalf of Insulated Wall Systems, Inc. Specifically, the vast majority of instances in which I notarized something for the corporation were instances where mortgages were held by the corporation against properties worked on where payment for the work was not made at the time of the project. I therefore notarized deeds. However, Insulated Wall Systems, Inc. as a general rule no longer takes mortgages as collateral for future payment for work performed, thereby vastly limiting the instances in which my notary services were enlisted. In fact, except for the three instances I notarized something in this case which I realized upon reviewing the file, I cannot recall notarizing another document for over two years. As such, I decided not to renew or re-seek the commission.

Sworn to and subscribed before me this 29th day of September 2006

Possible name of notary is Kim Reid
Notary Public Dekalb County, Georgia
My commission expires October 27, 2006


Affidavit of Jana B. Tabor
Personally appeared before the undersigned officer duly authorized by law to administer oaths, Jana B. Tabor (Affiant), who on oath deposes and says as follows:
1
My name is Jana B. Tabor. I am over the age of eighteen years and otherwise competent to provide this affidavit.
2
I am counsel of record for Plaintiff Insulated Wall Systems, Inc. During the week prior to August 6, 2006, I prepared an affidavit for my signature in association with a Motion to Compel. The sole purpose of that affidavit was to place before the Court in orderly fashion a series of documents sent between undersigned counsel and the Defendant in an effort to satisfy Court Rule 6.4. Other than attesting to those documents authenticity and some of the events surrounding their sending, I as the affiant testified to nothing more.
3
On Sunday August 6, 2006, my brother-in-law Robert L. Tabor was at my house. I knew that he was a notary. To my knowledge he notary status was current, although we did not have a specific conversation about the matter.
4
I requested that Robert notarize my affidavit. I cannot recall another time in which I requested that he notarize a document for me. He witnessed me sign the document. I then went to bed and he went to play tennis with my husband. When I awoke the next morning affidavit was on my kitchen counter with Robert's signature on the document. I was not familiar specifically with his signature. In fact, other than my husband, my parents and my former employer, I have no specific recognition of anyone's signature.
5
I paid no attention to the details of the notary signature or seal on the affidavit until Defendant's Second Motion for Severe Sanctions was received.
6
On or about Sunday, July 30, 2006 my husband returned to me a signed Verification concerning Plaintiff's Third Amendment to Defendant's First Continuing Interrogatories. I had given him the document in blank sometime earlier and requested that he sign it. I attached it to that Amendment and made copies. I paid no attention to the notary signature, seal of expiration date of commission. I first paid attention to the notary block upon investigation concerning the response to Defendant's Second Motion for Severe Sanctions.

Further Affiant sayeth not.
Jana B. Tabor

Sworn to and subscribed before me this 23rd day of October
Vivienne Staniforth Notary Public
My commission expires Oct. 25, 2009

http://
memb
ers.aol
.com/r
mckin
2146/
Lawsu
it.htm
l,
http://
homet
own.a
ol.co
m/rmc
kin21
46/La
wsuit.
html

 

page created with Easy Designer